Dáil Éireann Debate, Tuesday - 15 October 2013
362. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 418 of 8 October 2013, if he will direct that the trees causing the reception blockage be removed as quickly as possible (details supplied); and if he will make a statement on the matter. [43500/13]
View answerThe felling of trees and the issuing of licences for tree felling are governed by the Forestry Act, 1946. Under this Act, my Department has no power to direct that trees be felled. Section 37, subsection 4 (h) of the Act specifies that there is no need for a felling licence application to be lodged where “the tree is uprooted or cut down by direction of the Minister for Posts and Telegraphs on the ground that it is a danger or obstruction to telegraph or telephone wires.” (This ‘exemption’ would now apply to the Minister for Communications, Energy and Natural Resources.) However, this provision applies only to the “obstruction to telegraph or telephone wires” and not any other telecommunications equipment.
While Section 58, subsection (1) of the Communications Act, 2002 allows a network operator (as defined in that Act) to lop or cut any tree (not to fell the tree) which obstructs or interferes with any physical infrastructure of the network operator, subsection (7) specifies that “Subsection (1) does not apply to any obstruction of or interference with signals transmitted by means of the radio frequency spectrum.”
On the basis of the above my Department does not have the power to direct that trees, which may be obstructing or interfering with mobile phone mast reception or transmission, be lopped or felled. Therefore, as a felling licence can only be granted to the owner of the land where the trees are located, the owner of this land would have to apply for a felling licence to fell the trees in question.
